Two questions here really. I've had to file a lawsuit against a client as I am owed a substantial amount for work done and no payment has been made. We started with no contract and did a general contract just a few months ago but contained no payment details except acknowledging that I was indeed owed money. Now they are telling me the investors have stated they will not pay on any past invoices, even though they continue to pay the development company for programming on a product that contains some of my work. I started this process 6 weeks ago and they are now fililng with the court. How long does it take to serve someone once the lawsuit has been filed with the court? And will the arguement stand that this client doesn't have to pay on past invoices at an investor's request and they can take their leisure at repayment while continuing to use my work?
2006-07-25 11:09:51 · 2 answers · asked by Allera 2 in Politics & Government ➔ Law & Ethics
Each court processes the summons in a slightly different way. In my area, it takes about a week from the date I file a petition, to the date the clerk gets around to sending the summons and a copy of the petition to the sheriff for service. (Its quicker if I stand and grovel at the counter, but my knees get sore) (grin)
The sheriff's office then will have one of its officers who serves process from the court deliver the summons. If it is being served on a business, it shouldn't be too difficult to find them and serve them during business hours. Individuals it can take longer, especially if the address for service is not correct.
If there was work performed, then you are owed the money. If the business changed hands, then you may or may not be suing the correct party... in other words, if the business was sold to someone, then the new owners of the business may or may not be liable for the debts of the former owner.
I suggest you obtain the services of an attorney and have him/her pursue this for you. You can, in the long run, save yourself money... look at it this way: if you screw something up, you could end up with no lawsuit, and if the lawsuit is dismissed with prejudice against you, you couldn't refile it. It pays then to have an attorney do right the first time.
If you don't know an attorney, contact your local or state bar association for a referral.
2006-07-25 13:40:00 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
I think the judge will realize that you are owed money and set up a mandatory payment plan for you.
2006-07-25 15:59:06 · answer #2 · answered by Anonymous · 0⤊ 0⤋